HLS 12RS-94 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 458
BY REPRESENTATIVE ABRAMSON
MINERALS: Provides for notice of breach of a mineral lease
AN ACT1
To amend and reenact R.S. 31:136, relative to mineral leases; to provide relative to the2
required notice of breach; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 31:136 is hereby amended and reenacted to read as follows: 5
ยง136. Written notice; requirement and effect on claims for damages or dissolution6
of lease7
If a mineral lessor seeks relief from his lessee arising from drainage of the8
property leased or from any other claim that the lessee has failed to develop and9
operate develop, operate, or restore the property leased as a prudent operator, he10
must shall give his lessee written notice of the asserted breach to perform and allow11
a reasonable time for performance by the lessee as a prerequisite to a judicial12
demand for damages or dissolution of the lease. If a lessee is found to have had13
actual or constructive knowledge of drainage and is held responsible for consequent14
damages, the damages may be computed from the time a reasonably prudent operator15
would have protected the leased premises from drainage. In other cases where notice16
is required by this Article, damages may be computed only from the time the written17
notice was received by the lessee.18 HLS 12RS-94 ORIGINAL
HB NO. 458
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 458
Abstract: Provides that if a mineral lessee has failed to develop, operate, or restore the
property leased as a prudent administrator, the lessor shall give the lessee written
notice of the asserted breach.
Present law provides that if a mineral lessor seeks relief from his lessee arising from
drainage of the property leased or from any other claim that the lessee has failed to develop
and operate the property leased as a prudent operator, he must give his lessee written notice
of the asserted breach to perform and allow a reasonable time for performance by the lessee
as a prerequisite to a judicial demand for damages or dissolution of the lease.
Proposed law provides that if the lessee has failed to develop, operate, or restore the property
leased, the lessor shall give the lessee written notice of the asserted breach.
(Amends R.S. 31:136)